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Liberal theory and practice of competition law
Horych, Jan ; Tryzna, Jan (referee)
Liberal theory and practice of competition law Abstract The presented thesis focuses on the matter of competition law from the point of view of selected schools of economic thought. The goal of the thesis is to provide a comprehensive insight into the content and nature of legal norms in the field of competition law and offer a comparison of views of specific traditions of economic theory on the selected bodies of legislation in force. The wider objective of the thesis is to explore the application possibilities of the findings of various economic theories to legal phenomena, with the thesis exploring both the anglo-american branch of economic analysis of law and heterodox approaches, that originate from the continental economic theory and jurisprudence. To this end, the thesis picks three distinct schools of economic thought, that are commonly labeled as liberal, these being the Austrian, Chicago and Freiburg school of economics, each having different methodology, theoretical and analytical conclusions and prescriptive suggestions. Bodies of legislation in force selected for the purposes of this thesis are competition law statutes of the Czech Republic, the Federal Republic of Germany and the EU. The Structure of the thesis applies the "from general to specific" method of explanation, i.e. introductory...
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Liberal theory and practice of competition law
Horych, Jan ; Bažantová, Ilona (advisor) ; Kühn, Zdeněk (referee) ; Večeřa, Miloš (referee)
Liberal theory and practice of competition law Abstract The presented thesis focuses on the matter of competition law from the point of view of selected schools of economic thought. The goal of the thesis is to provide a comprehensive insight into the content and nature of legal norms in the field of competition law and offer a comparison of views of specific traditions of economic theory on the selected bodies of legislation in force. The wider objective of the thesis is to explore the application possibilities of the findings of various economic theories to legal phenomena, with the thesis exploring both the anglo-american branch of economic analysis of law and heterodox approaches, that originate from the continental economic theory and jurisprudence. To this end, the thesis picks three distinct schools of economic thought, that are commonly labeled as liberal, these being the Austrian, Chicago and Freiburg school of economics, each having different methodology, theoretical and analytical conclusions and prescriptive suggestions. Bodies of legislation in force selected for the purposes of this thesis are competition law statutes of the Czech Republic, the Federal Republic of Germany and the EU. The Structure of the thesis applies the "from general to specific" method of explanation, i.e. introductory...
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Abuse of dominant position in Czech law and European law
Peták, Šimon
This paper analyzes regulation of abuse of dominant position under the law of the European Union and under the Czech law. Both the European and Czech competition laws are not only very similar, as the Czech Act on Protection of Competition is inspired by the European competition law, but after the so called modernization of the European competition law, including the decentralization of its enforcement, the Czech authorities are entitled (and obliged at the same time) to apply the European competition law. Given the special relation between the two legal orders, this paper does not attempt to compare the two, but rather to analyze them it their mutual relation, which is the basic view for the submitted analysis. Firstly, a basic introduction to the problems of competition economics is presented, including characteristics of the basic functions and principles thereof. An explanation of the economic background and different models of competition follows, particularly of those important for understanding the specifics of dominant undertakings' behaviour and motivation. Models of monopoly, oligopoly and monopolistic competition are briefly described in opposition to the model of perfect competition and also some other important approaches to this issue are addressed, including the basic views of the...
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Cross-border Anti-competitive Agreements
Tupá, Kristýna ; Růžička, Květoslav (referee)
1 ABSTRACT Cross-border Anti-competitive Agreements Functional market mechanism, as an essential element of a market economy, is a prerequisite for the economic prosperity of advanced democratic states. A completely crucial element of its functionality is free competition, the protection of which is regulated by competition law. However, competition does not apply consistently across all sectors. In this thesis I focuse on its application within the financial services area. This sector`s nature is very specific because we must always strive to maintain financial stability when implementing any measures. How should legislation respond to these aspects respond and how should the competition policy itself be shaped? Is regulation of this area necessary or does the competition intself represent a thread to the financial stability of the system? In order to fully understand the specifics of this area, it is firstly necessary to become familiar with the economic aspect of competition law and the nature of these white-collar crimes. Consequently, I will focus on the application of the competition law on financial services, taking into account new technologies and their influence on the structure of this market. The impact of competition on the banking sector is one of the core parts of this thesis. Based on an...
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Investigative powers of the competition authorities
Krempl, Adam ; Staša, Josef (referee)
The dissertation thesis is concerned with the investigative powers of the competition authorities, namely the European Commission and the Czech Office for the Protection of Competition. Essential investigative powers of competition authorities include requests for information, on-site inspections of business premises and other premises and sector inquiries. The competition authorities may use investigative powers in order to find evidence proving the violation of competition rules. One of the main aims of this thesis is to thoroughly analyze the current EU and Czech legislation concerning investigative powers of the competition authorities, including the relevant case law of EU and Czech courts. The main goal of the thesis is to define basic principles associated with investigative powers. These principles determine not only the direction of the legislation but also guide the steps of the competition authorities in specific cases. Most of these principles, which are superior to legal regulation, stems from the fundamental rights of investigated entities. The important part of this thesis will be a detailed analysis of the possibilities of defense of the investigated entities against misuse of investigative powers by the competition authorities. This thesis consists of eight chapters. Chapter One is...
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Investigative powers of the competition authorities
Krempl, Adam ; Staša, Josef (referee)
The dissertation thesis is concerned with the investigative powers of the competition authorities, namely the European Commission and the Czech Office for the Protection of Competition. Essential investigative powers of competition authorities include requests for information, on-site inspections of business premises and other premises and sector inquiries. The competition authorities may use investigative powers in order to find evidence proving the violation of competition rules. One of the main aims of this thesis is to thoroughly analyze the current EU and Czech legislation concerning investigative powers of the competition authorities, including the relevant case law of EU and Czech courts. The main goal of the thesis is to define basic principles associated with investigative powers. These principles determine not only the direction of the legislation but also guide the steps of the competition authorities in specific cases. Most of these principles, which are superior to legal regulation, stems from the fundamental rights of investigated entities. The important part of this thesis will be a detailed analysis of the possibilities of defense of the investigated entities against misuse of investigative powers by the competition authorities. This thesis consists of eight chapters. Chapter One is...
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Private enforcement of EU Competition Law
Albrecht, Patrik ; Šmejkal, Václav (referee)
1 Abstract Private enforcement of EU Competition Law Private enforcement of competition law is commonly understood as the possibility of seeking damages caused by anticompetitive behavior of undertakings before the courts of EU member states. The analysis of a right to seek the antitrust damages and its development is based on decisions of the Court of Justice of the European Union as well as preparatory works on the Directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 (the "Directive"). The first chapter describes the development of the new fully recognized branch of competition law within the EU. The CJEU has focused on the interpretation of the principles of effectiveness and equivalence and the direct effect of Articles 101 and 102 TFEU. The second chapter includes the analysis of a total of four research questions such as who may be the claimant or the defendant, which court has a jurisdiction and when the limitation period exactly starts to run. Answers to these questions provide injured persons with a higher degree of legal certainty in relation to enforcement of their rights. Also, the Directive and the Czech transposition legislation, including the already available case law of the CJEU, are critically analyzed. Collective protection of the rights and protection...
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Private enforcement of EU Competition Law
Albrecht, Patrik ; Šmejkal, Václav (referee)
Private enforcement of EU Competition Law Abstract The topic of this Juris Doctor thesis deals with private enforcement of competition law, which is commonly understood as the possibility of seeking damages caused by anticompetitive behavior of undertakings before the courts of EU member states. The author describes the development of the right to seek the antitrust damages in the first part of his thesis. This deep analysis involves an exhaustive presentation of key decisions of the Court of Justice of the European Union, accompanied by the analysis of the preparatory work on the Directive 2014/104/EU. The latter includes synthesis of numerous comments drafted and issued by member states, national competition authorities and other stakeholders as well. Following the first part described above, the author carefully examines the whole text of adopted Directive 2014/104/EU and describes its transposition. There was created a new fully recognized branch of competition law within the EU, which doesn't replace or threaten both the EC and NCA public enforcement of competition law. Moreover, these private antitrust damages actions serve as a complement of a public-law sanction. The European private damages directive establishes certain new procedures and law institutes, all of which are thoroughly analyzed and...
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Nekalosoutěžní jednání konkurence v obchodní činnosti
Kopačková, Michaela
In this bachelor thesis I deal negotiations dealing with competition in business activities. The work is divided into two parts. The part of literature review and the own work. In part of literature review to clarify concepts, such as competition law, cartel law, unfair competition, a competitor and general clause, which are based on the individual merits of the case. In my own work are examples that can meet the characters of the unfair competition activities. In conclusion are given suggestions and recommendations for the business community.
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Buyer Power and its Abuse in European Law
Musil, Aleš ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
This rigorosum thesis entitled "Buyer Power and its Abuse in European Law" deals with the analysis of buyer power in European law from the perspective of legal theory (part one - theoretical) and analysis of legislative aspects of the abuse (part two - practical). Attention is paid to the perspective of European law on the issue of buyer power and its abuse, both from the perspective of competition law and of the concept of buyer power, primarily pursuing objectives other than competition on the market. In my rigorosum thesis, I address the issue of market buyer power as a concept different from both market seller power and purchasing power, which refers to the extent to which consumers or firms have available money for spending and consumption. The concept of market power has in fact two branches - seller power and buyer power. In my thesis, I prove that (i) they cannot be viewed as a mirror image and (ii) that buyer power is an umbrella concept covering monopsony and bargaining power. Buyer power as the umbrella concept is a buyer's ability to exert pressure on its suppliers so as to lower prices or extract other concessions in two forms - monopsony and bargaining power. Monopsony power is an inefficient purchasing behaviour that involves withholding demand to decrease the purchasing price paid...
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